App Terms & Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the First Medicine Application (“the Platform”) which is a platform that links patients (the “Patient/s” “Users” “you” or “Your) to their selected doctor or health specialist (“Doctor/s” or “Physician/s”) to provide them with a billable consultation using a dedicated mobile application (the "Service") operated by First Medicine holding SAL (“Company” "us", "we", or "our").
The present agreement sets out the terms and conditions for all users of the First Medicine platform.
Your approval to these terms & conditions is required to access and use the platform services.
By accessing the platform using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
Acceptance of the Terms / Terms of Use
• When you visit the Website or send us emails, you are communicating with us electronically. You consent to the receipt of electronic communications from First Medicine, and agree that all agreements, notices, and other disclosures communicated to you by First Medicine electronically (whether by electronic mail, by posting at the Website, or by other electronic means) satisfy any legal requirement that such communication be in writing.
• First Medicine reserves the right to amend these Terms at its sole discretion at any time by posting them on the Website or our platform. Changes shall automatically be effective upon posting. First Medicine reserves the right to add, modify or remove any information and/or services from the Website or Platform at any time.
• If for any reason you disagree with any changes, your sole and exclusive remedy is to cease or discontinue using the Website or Platform.
• Communication shall happen whenever there’s a change in the Terms and Conditions and users shall accept the changes accordingly.
• You must be at least 18 years of age to use the Website. By using the Website and by agreeing to these terms and conditions you warrant that you are at least 18 years of age.
Website & platform
• First Medicine is a Platform that enables access to a Mobile Application which includes registration and informational purposes.
• First Medicine Holding SAL takes the role of an intermediary between the Patient and the Doctor; as such First Medicine is not a contracting party between the Patient and the Doctor and has no further obligations or liabilities and cannot be held in any way by the wrongful acts of the Doctor or the Patient.
• Users of the Platform can register and enter their payment information via the secure payment gateway and can be updated at any time.
• Doctors registered to the platform are not employees of First Medicine, but are independent service providers or part of a physician group using the platform to register and put their profile information.
• First Medicine does not refer you or endorse or recommend any particular Doctor. First Medicine shall not be liable for any wrongful acts or omissions from the Doctors with respect to the messages or to the Doctors’ consultations and answers.
• The Platform shall include, without limitation, the First Medicine Website (www.firstmedicine.me) and any and all scientific, technical, contractual, product, program, pricing, portals, news, educational materials, publications, guides, smartphone services, presentations, abstracts, marketing information and any other information available on the Website, including, data, personal information, text, software, music, sound, photographs, graphics, video, messages, and other materials (collectively referred to as the “Content”).
User accounts
• When you register as a User on the Platform, you create your online account by entering your personal information and establishing a username and password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your First Medicine Application passwords and accounts.
• Your account information is password-protected for your privacy and security. Passwords are encrypted using the latest encryption tools.
• When you register on the Platform, we ask for your name, email address, phone number, valid govID. Once you register and sign in to our Application, you are not anonymous to us.
• The Application automatically receives and records information on our server logs.
It is your sole responsibility to:
1. Control the dissemination and use of sign-in email and passwords;
2. Authorize, monitor, and control access to and use of your First Medicine Application account and password;
3. Promptly inform First Medicine if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.
In case the password is lost or proven to be stolen, First Medicine will provide users with a reset password page. In this case, First Medicine may withhold providing you with another or substitute password until you provide satisfactory proof of your identification.
You agree that any content you provide on the First Medicine Application and your use of the First Medicine Application shall not:
1. Be fraudulent or misleading;
2. Infringe any third party's proprietary rights or rights of publicity or privacy;
3. Be illegal or violate any local law, regulation or ethical code;
4. Be competitive with First Medicine or the service;
5. Be defamatory or obscene;
6. Contain any viruses, or other computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
The First Medicine Application gives you the ability to edit Your account information and preferences at any time.
First Medicine reserves the right at any time, without previous notice, for any or no reason and you agree to hold Us free from any liability whatsoever in case We:
1. refuse service to anyone,
2. modify and discontinue any portion or all of the services,
• Restrict, suspend and terminate Users’ accounts.
• First Medicine is not liable by any means for damages participating Users cause to the Doctor or, other participating Users, or third parties. The Doctor shall settle such affairs with the participating User directly.
Doctors & Health Specialists
• Doctors & Health Specialists must register on the mydoc (Doctor platform) to join;
• Doctor (or health specialist) information retrieved or edited will be reviewed by First Medicine before being posted to the public as such First Medicine may remove information that is not relevant without any liability whatsoever.
• During the registrations’ review by the Lebanon Order Of Physicians, Doctors (or health specialists) must provide documents such as ID, practice of medicine/profession proofs; in order to be able to access their accounts and start consulting.
• First Medicine team might offer to help the Doctor (or health specialist) in editing the text and images until it matches the required quality standards.
• In the case of a positive decision, the Doctor or health specialist will be approved so that he/she can start to receive consultation requests from patients on the First Medicine platform.
• Doctors (or health specialists) may edit their Profiles at all times and such changes might be subject to review and amendment by First Medicine.
• Doctors (or health specialists), during a consultation, will only provide answers to questions related to their field of expertise as specified in their profile.
• Doctors (or health specialists) must provide the User with an answer to every question in an informative way.
• Doctors (or health specialists) have, within the limits imposed or permitted by the applicable laws, the duty to report questions or answers that they deem to be spam, pervasive, harmful to certain Users or of a criminal nature.
• The sale or advertising of any medical drug on the Platform by any way or mean is strictly forbidden.
• Any transgression of the above mentioned obligations may result in the removal of the Doctor (or health specialist) from First Medicine and the banning from the Platform.
• It is illegal for Doctors (or health specialists) to share a User’s Personally Identifiable Information (PII) and/or medical case with any third party unless the purpose is to discuss it with a Doctor colleague for diagnosis and treatment or in case of any court demand for the revelation of such information.
Billing, reserve & refund
• You are billed using Bank of beirut payment gateway.
• First Medicine has no access and does not save any credit cards’ information. Users will be redirected to Bank Of Beirut payment page to proceed to save card details and related transactions.
• Payment should be done via Bank Of Beirut payment page, credit card and other payment methods might be offered at a later stage.
Payment will be charged upfront before each consultation.
Once the appointment is booked it can not be cancelled.
• It is up to the Doctor (Specialist) to do consultation or not to do consultation – based on the time & the complexity of each case – Charges based on predefined prices set by Doctor (Specialist). We have no control on the Doctor’s (Specialist) choice regarding the pricing stated above; however, we limit the maximum amount the Doctor (or health specialist) can charge.
• First Medicine requires a commission for handling the connection and payment process. The commission will be drawn from the amount paid to First Medicine by the User upon the completion of the service.
Refund subject
• In case of a complaint reported by the Patient on a billed consultation, a refund might occur after further investigation and analysis.
• Refunds will be done only through the Original Mode of Payment.
• In the event that transaction error has occurred while making the payment, a refund in most cases will be issued to the same credit card used for the original purchase.
Data protection strategy
• Patient’s safety and privacy is our first concern; we do not disclose our Patient’s personal data or any health related talks etc.
• First Medicine will not sell or rent Your personally identifiable information to anyone.
• Physicians and Patients must need to ensure the security of the device used, in order to protect their data.
• The Doctor (or health specialist) needs to ensure the security of the device used. Which means Doctors (or health specialists) would need to protect the electronic device itself (such as by using a password lock) and establish an authentication system to verify the person.
• First Medicine does not save any related information between the Patient and the Doctor (or health specialist) including but not limited to text, images, voice and videos.
• First Medicine relays video audio communication over a secured and encrypted network.
• First Medicine only saves the main information of a consultation such as date, doctor name and billing information.
• It is solely Your responsibility to keep any case notes information should you need it in the future.
• Users can access case notes regarding their consultation from their First Medicine Application.
• Account password and critical information is encrypted in the database following the HIPAA compliance.
Medical communication between doctors & patients – responsibility and liability
• Any clinical liability is restricted between Patients and Doctors (or health specialists)
• First Medicine does not select doctors (or health specialists) for or on behalf of patients. First Medicine connects patients to their selected doctors (or health specialists). Selecting a doctor (or health specialist) is the sole choice of the patient and under his/her full responsibility
• Doctors (or health specialists) should not consult Patients on whom physical examination is compulsory. And should not treat emergency cases, and should not proceed with consultation for emergency or seriously ill Patients who need to be hospitalized or otherwise.
Patient informed consent to Telehealth
By confirming & accessing First Medicine Telehealth services, you hereby agree to be bound by all the terms incorporated herein by reference
• The online consultation is solely based on the information provided by me, in the absence of a physical evaluation.
• By using First Medicine, I agree to receive telehealth services. Telehealth involves the delivery of health care services, including assessment, treatment, diagnosis, and education, using interactive audio, video, and data communications. During my visit, my provider and I will be able to see and speak with each other from remote locations.
• Potential benefits of telehealth include: (i) access to medical care if I am unable to travel to my provider’s office; (ii) more efficient medical evaluation and management; and (iii) during the COVID-19 pandemic, reduced exposure to patients, medical staff and other individuals at a physical location.
• I understand there are risks associated with any electronic transfer process from one location to another. I will not hold First Medicine or Doctors (or Health Specialists) responsible for lost information due to technological failures.
• I understand that the level of care provided by my provider is to be the same level of care that is available to me through an in-person medical visit. However, if my provider believes I would be better served by face-to-face services or another form of care, I will be referred to the nearest medical center, hospital emergency department or other appropriate health care provider.
• By accepting and agreeing to these terms, I acknowledge and agree to assume the risks of the limitations set forth herein
Consultation experience
• First Medicine allows patients to book an appointment at a particular time using the First Medicine Application with a Doctor (or health specialist) whenever the patient needs to consult.
• Doctors (or health specialists) set work hours or schedule when registering and can update this information by contacting First Medicine.
• Timing of the consultation is pre-scheduled and happens as Doctors (or health specialists) initiate the e-consultation at the time of appointment.
• Expected waiting time: After initiating the video, a short waiting time can be there as the Doctor (or health specialist) might be busy with another Patient so please be patient.
• Patients can change the app language to English, French, Arabic if they want.
• The Platform supports video/audio only. Video calls can be initiated from the Doctor (or health specialist) side and patient.
• Doctor (or health specialist) billing for the case is independent of any other actions happening outside of the platform.
Report & rate the experience
• Patients & Doctors (or health specialists) have the right to report abuse or non-satisfaction. First Medicine is not liable but will reserve the right to investigate and inform concerned parties of resulting actions
• First Medicine reserves the right to freeze or deactivate the account in case of abuse and non-accepted language/behavior.
• First Medicine reserves the right to audit service offerings by the provider and might block or delete accounts.
Exclusion of warranties
This Agreement sets out the full agreement between the parties and supersedes any other commitments, agreements, representations, warranties or understandings, written or verbal, that the parties may have had with respect to the Premises.
Limitation of liability
Notwithstanding anything in this Agreement to the contrary, First Medicine shall not have any liability under this Agreement, for:
1. Any punitive or exemplary damages.
2. Or any special, consequential, incidental or indirect damages, including lost profits, lost data, lost revenues and loss of business opportunity, whether or not the other Party was aware or should have been aware of the possibility of these damages.
Indemnification
Patient and Doctor (or health specialist) hereto agree to indemnify and save harmless First Medicine and including, where applicable, their respective associates, directors, employees, agents or any institutions facilitating First Medicine solution (each such party being an "Indemnified Party") harmless from and against and agree to be liable for any and all losses, claims, actions, suits, proceedings, damages, liabilities or expenses of whatever nature or kind, including any investigation expenses incurred by any Indemnified Party, to which an Indemnified Party may become subject by reason of the terms and conditions of this Agreement.
Liability of the provider to participating customers (patients) – Indemnification and liability
Should First Medicine be prosecuted because of the Doctor (or health specialist) or the Patient action or omission to act, the concerned party will help First Medicine to defend any claims and sets First Medicine free of any demands.
Applicable law & dispute resolution
This Agreement shall be governed by the Lebanese laws. Any dispute arising in connection with this Agreement shall be first resolved by both parties through consultation. In case no resolution can be reached through consultation, such dispute may be referred to the Lebanese Courts.
Force majeure
Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, riots, insurrection, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.
First Medicine ensures real-time communication Video/Audio and hence Patients/Doctor (or health specialist) should make sure to connect to an uninterrupted network for a better experience.
Copyright
First Medicine Holding SAL is the owner of all rights, title, and interest in and to each of the Copyrights, free and clear of all liens and other adverse claims. All the Copyrights have been registered or are in the process of being registered and are currently in compliance with formal requirements, are valid and enforceable.